TELECOM Digest OnLine - Sorted: Jury Verdict Is More Good News for TiVo

Jury Verdict Is More Good News for TiVo

Monty Solomon (
Sat, 15 Apr 2006 01:58:40 -0400

By DAVID KOENIG AP Business Writer

MARSHALL, Texas (AP) -- In a case cast as crucial to TiVo's survival,
a federal jury decided that EchoStar Communication Corp. copied key
technologies from the digital video recording pioneer and awarded
nearly $74 million.

The 10-member jury spent just about two hours, including a cigarette
break, to decide that the parent of the Dish satellite network had
infringed nine sections of TiVo's patent on technology for digital
video recorders that let viewers pause, rewind and fast-forward live
TV shows.

"There was no one thing," said jury forewoman Cathy Lindsey, a school
secretary. "We just felt like there was infringement on all the
charges. It wasn't unanimous to start with, but we were close."

TiVo won most of the $87 million in damages it sought.

The case in federal district court was closely watched on Wall Street,
with some analysts even dropping in during the two-week trial. They
said a victory would help TiVo win other royalty deals involving
digital video recorders, or DVRs.

News of the verdict sent TiVo shares soaring 21.7 percent, or $1.75,
to $9.80 in after-hours electronic trading Thursday night. If that
price holds in regular trading when the Nasdaq Stock Market reopens on
Monday, it would mark a 52-week high for the stock. EchoStar shares
dropped 22 cents to $29.75 in after-hours trading.

The judge could triple the $73.9 million award _ which is subject to
appeal _ since the jury found that EchoStar had willfully infringed
TiVo's patent.


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